Private Annuities

Discussion in 'Professional Trading' started by funky, Mar 27, 2004.

  1. funky

    funky

    another advantage to this setup seems to be that you can also trade foreign stock markets as well as other markets that the SEC currently won't allow u.s. citizens to trade.
     
    #11     Mar 27, 2004
  2. MR.NBBO

    MR.NBBO

    #12     Mar 27, 2004
  3. Intel

    Intel

    Neither a private annuity or a variable annuity will work. Reasons as follows:

    Private annuity occurs when A exchanges assets with B in return for income stream from B. B can then sell trade etc assets, and tax liability in relation to this occurs to B. B must not be an insurance company. This planning is normally used for estate planning in the US - there has been some aggressive offshore use, but if your friendly IRS inspector looks at it, he or she will turn purple, sprout horns and be very nasty to you, because of course you have not really given away the assets but are still managing them/controlling them etc.

    Variable annuity will not work for similar reasons as you will be exercising "incidents of ownership" (breaching Section 817(h) by trading the underlying, you will not meet the diversification rules (need to be at least 5 investments, no one investment more than 55% etc).

    Many other reasons but that should do. Also as a US citizen as others have stated you are taxable on your worldwide income, you are required to report any foreign trust or account (includes setting up offshore company) and declare (Form B720) any premium paid toa foreign insurer.

    In a nutshell best to use a recognised onshore entity that CPA who specialises in traders recommends.

    P.S. I am not an IRS inspector!

    Good trading!
     
    #13     Apr 3, 2004
  4. Intel

    Intel

    Neither a private annuity or a variable annuity will work. Reasons as follows:

    Private annuity occurs when A exchanges assets with B in return for income stream from B. B can then sell trade etc assets, and tax liability in relation to this occurs to B. B must not be an insurance company. This planning is normally used for estate planning in the US - there has been some aggressive offshore use, but if your friendly IRS inspector looks at it, he or she will turn purple, sprout horns and be very nasty to you, because of course you have not really given away the assets but are still managing them/controlling them etc.

    Variable annuity will not work for similar reasons as you will be exercising "incidents of ownership" (breaching Section 817(h) by trading the underlying, you will not meet the diversification rules (need to be at least 5 investments, no one investment more than 55% etc).

    Many other reasons but that should do. Also as a US citizen as others have stated you are taxable on your worldwide income, you are required to report any foreign trust or account (includes setting up offshore company) and declare (Form B720) any premium paid toa foreign insurer.

    In a nutshell best to use a recognised onshore entity that CPA who specialises in traders recommends.

    P.S. I am not an IRS inspector!
     
    #14     Apr 3, 2004
  5. funky

    funky

    thanks intel for your post. all of this of course comes down to law and court cases, and how willing the IRS is to defend ambiguous tax code. as i look into this further, i am nowhere near capitalized enough anyway to make such a structure work in my favor yet, so its kind of a wash right now -- but this is good stuff, thanks .....
     
    #15     Apr 3, 2004